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2007 SCMR 226

MUHAMMAD ALI BUGTI vs N.E.D. UNIVERSITY OF ENGINEERING AND

Citation2007 SCMR 226
CourtSupreme Court of Pakistan
Judge(s)Hamid Ali Mirza, Rana Bhagwan Das
ResultPetition dismissed

RANA BHAGWANDAS, J.--- Petitioner is aggrieved by Sindh High Court order, dated 5-11-2004 dismissing his constitution petition against disallowing him to appear at the examination of Bachelor of Engineering (Civil) in the light of notice, dated 27-9-2004 published in daily "Jang", Karachi issued by respondent-University.

2. Grievance of the petitioner appears to be that all students, who failed to qualify the course of study prescribed for the examination of Bachelor of Engineering in seven academic years i,e, from 1991-92 onwards and enrolled with the respondent-University were allowed one more chance as a special opportunity on humanitarian consideration. The petitioner admittedly was admitted to the course of B.E. (Computer System) in the batch 1989-90. He secured change of faculty from Computer System to Civil Engineering in the academic year 1993-94 but failed to qualify the examination in seven academic years. He later, invoked the constitutional jurisdiction of the High Court but without any success on the premise that he had exhausted the limit of seven academic years during which he was required to qualify the course of studies.

3. Mr. Jatoi learned Advocate Supreme Court for the petitioner, on facts, conceded that the petitioner could not qualify the examination on account of the fact that there were extraordinary and abnormal law And order conditions prevailing in Dera Bugti but contended that despite the failure of the petitioner he would be entitled to avail of one more chance as notified by the respondent-University. In view of the fact that duration of the course is spread over five years and the candidates shall be allowed maximum seven academic years from the date of their first admission for passing the final year examination, it is difficult to subscribe to the view of the learned counsel, which on the face of his admission, is untenable and not fit to be accepted. In our considered view, by declining relief in the constitutional jurisdiction, High Court neither committed any illegality nor acted with material irregularity justifying interference by this Court under Article 185(3) of the Constitution.

' No ground for leave is made out. Petition is accordingly dismissed.

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